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{{USgovtPOV|date=August 2009}}
{{Cleanup-rewrite|date=August 2009}}
{{Infobox War on Terror detainee
{{Infobox War on Terror detainee
| subject_name = Musab Omar Ali al Madoonee
| name = Musab Omar Ali Al Mudwani
| image_name =
| image = ISN 839.jpg
| image_size =
| image_size =
| image_caption =
| caption =
| birth_date = {{birth year and age|1980}}<ref>https://www.prs.mil/Portals/60/Documents/ISN839/20160310_U_ISN_839_GOVERNMENTS_UNCLASSIFIED_SUMMARY_PUBLIC.pdf {{Bare URL PDF|date=March 2022}}</ref>
| date_of_birth = {{Birth year and age|1980}}
| place_of_birth = [[Al-Hudida, Yemen|Al-Hudida]], Yemen
| birth_place = [[Al-Hudaydah]], [[Yemen]]
| date_of_death =
| death_date =
| date_of_arrest = 2002-09-11
| place_of_death =
| place_of_arrest = [[Karachi]]
| arresting_authority = Pakistani security officials, [[CIA]]
| detained_at = [[Dark prison]], [[Guantanamo Bay detention camp|Guantanamo]]
| detained_at = [[Dark prison]], [[Guantanamo Bay detention camp|Guantanamo]]
| id_number = 839
| id_number = 839
| group =
| group =
| alias = Musab Omar Ali al Mudwani<br>Musab Omarali al Mudwani
| alias = Musab Omar Ali al Mudwani<br />Musab Omarali al Mudwani
| charge = No charge ([[extrajudicial detention]])
| charge =
| penalty =
| penalty =
| status = Still held in Guantanamo
| status = Transferred to Oman on January 16, 2017
| occupation =
| occupation =
| spouse =
| spouse =
Line 22: Line 22:
| children =
| children =
}}
}}
'''Musab Omar Ali al Madoonee''' is a citizen of [[Yemen]] held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detainment camp]]s, in [[Cuba]].<ref name=DoDList2>
'''Musab Omar Ali Al Mudwani''' is a citizen of [[Yemen]] who was held in [[extrajudicial detention]] in the [[United States]] [[Guantanamo Bay detainment camp]]s, in [[Cuba]].<ref name=DoDList2/>
{{cite web
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006
| author=[[OARDEC]]
| publisher=[[United States Department of Defense]]
| date=2006-05-15
| accessdate=2007-09-29
}}</ref>
His Guantanamo [[Internment Serial Number]] is 839.
[[Joint Task Force Guantanamo]] [[counter-terrorism]] analysts estimate Al Madoonee was born in 1980, [[Al-Hudida, Yemen|Al-Hudida]], Yemen.


[[Joint Task Force Guantanamo]] analysts estimate Al Madoonee was born in 1980, [[Al-Hudaydah]], Yemen.
As of March 25, Musab Omar Ali al Madoonee has been held at Guantanamo for seven years five months.<ref>{{cite news| url=http://projects.nytimes.com/guantanamo/detainees/839-musab-omar-ali-al-madoonee | work=The New York Times}}</ref>


The [[United States Senate]] [[United States Senate Intelligence Committee|Intelligence Committee]] report on [[CIA]] torture listed Al Mudwani as one of the individual held in the CIA's secret network of [[black sites]].<ref name=BostonGlobe2014-12-09>
==Combatant Status Review Tribunal==
{{cite news
[[Image:Trailer where CSR Tribunals were held.jpg|thumb|[[Combatant Status Review Tribunal]]s were held in a trailer the size of a large [[RV]]. The captive sat on a plastic garden chair, with his hands and feet shackled to a bolt in the floor.<ref name=Nytimes041109>[http://www.nytimes.com/2004/11/08/national/08gitmo.html?ex=1257570000&en=4af06725bdf5c086&ei=5088&partner=rssnyt Guantánamo Prisoners Getting Their Day, but Hardly in Court], ''[[New York Times]]'', November 11, 2004 - [http://cageprisoners.com/articles.php?aid=3838 mirror]</ref><ref name=FinancialTimes041211>[http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], ''[[Financial Times]]'', December 11, 2004</ref> Three chairs were reserved for members of the press, but only 37 of the 574 Tribunals were observed.<ref name=DoDCsrtBriefing20070306>
| url = https://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
{{cite web
| title = List of the 119 prisoners detained in CIA's secret prisons program
| url=http://www.defenselink.mil/transcripts/transcript.aspx?transcriptid=3902
| publisher = [[Boston Globe]]
| title=Annual Administrative Review Boards for Enemy Combatants Held at Guantanamo Attributable to Senior Defense Officials
| author = Swati Shara
| publisher=[[United States Department of Defense]]
| date=March 6, 2007
| date = 2014-12-09
| archive-url = https://web.archive.org/web/20141213013213/http://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| accessdate=2007-09-22
| archive-date = 2014-12-13
}}</ref>{{POV-section|date=December 2007}}]]
| access-date = 2014-12-11
| url-status = dead
}}
</ref>
Musab Al Mudwani was apprehended by a combined force of Pakistani security officials and a CIA [[black site]] team, on September 11, 2002, the anniversary of al Qaeda's attack within the USA.
He and five other individuals spent slightly more than a month in CIA custody at [[the salt pit]], prior to being transferred to Guantanamo. Guantanamo analysts maintained the narrative that these six were an [[al Qaeda sleeper cell]] they called the "[[Karachi Six]]".<ref name=Cns2016-06-30/><ref name=MiamiHeraldIndefiniteList/><ref name=MiamiHeraldIndefiniteListA/> However, that claim had been dropped by his 2016 [[Periodic Review Board]] hearing. Mudwani was transferred to [[Oman]] on January 16, 2017.<ref>{{cite web| url = http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html| url-status = dead| archive-url = https://web.archive.org/web/20170118032232/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html| archive-date = 2017-01-18| title = Victims of mistaken identity among the 10 sent from Guantánamo to Oman {{!}} Miami Herald| website = [[Miami Herald]]}}</ref>


==Official status reviews==
Initially the Bush administration asserted that they could withhold all the protections of the [[Geneva Conventions]] to captives from [[the war on terror]]. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct a [[competent tribunal]] to determine whether captives are, or are not, entitled to the protections of [[prisoner of war]] status.


Originally, the [[George W. Bush|Bush]] [[United States President|Presidency]] asserted that captives apprehended in the ''"[[war on terror]]"'' were not covered by the [[Geneva Conventions]], and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.<ref name=UsaToday20071011>
Subsequently the [[United States Department of Defense|Department of Defense]] instituted the [[Combatant Status Review Tribunal]]s. The Tribunals, however, were not authorized to determine whether the captives were ''lawful combatants'' -- rather they were merely empowered to make a recommendation whether the captive had previously been correctly determined to match the Bush administration's definition of an [[enemy combatant]].
{{cite news
|url = https://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm
|title = U.S. military reviews 'enemy combatant' use
|publisher = [[USA Today]]
|date = 2007-10-11
|archive-date = 2007-10-23
|archive-url = https://web.archive.org/web/20071023220558/http://www.usatoday.com/news/washington/2007-10-11-guantanamo-combatants_N.htm
|url-status = live
|quote = Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
}}
</ref>
In 2004, the [[United States Supreme Court]] ruled, in [[Rasul v. Bush]], that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.


===Office for the Administrative Review of Detained Enemy Combatants===
Al Madoonee participated in his [[Combatant Status Review Tribunal]].<ref name=CsrtMusabOmarAliAlMudwani>
[[File:Trailer where CSR Tribunals were held.jpg|thumb|[[Combatant Status Review Tribunal]]s were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.<ref name=Nytimes041109>[https://www.nytimes.com/2004/11/08/national/08gitmo.html?ex=1257570000&en=4af06725bdf5c086&ei=5088&partner=rssnyt Guantánamo Prisoners Getting Their Day, but Hardly in Court], ''[[New York Times]]'', November 11, 2004 - [http://cageprisoners.com/articles.php?aid=3838 mirror] {{webarchive|url=https://web.archive.org/web/20070930184542/http://cageprisoners.com/articles.php?aid=3838 |date=2007-09-30 }}</ref><ref name=FinancialTimes041211>[http://www.christusrex.org/www1/news/ft-12-11-04a.htm Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals"], ''[[Financial Times]]'', December 11, 2004</ref>]]
[http://wid.ap.org/documents/detainees/musabalmudwani.pdf#12 documents (.pdf)] from Musab Omar Ali Al Mudwani's ''[[Combatant Status Review Tribunal]]'' - [http://www.dod.mil/pubs/foi/detainees/csrt_arb/Set_8_0887-1017.pdf - mirror pages 115-125]</ref>


Following the Supreme Court's ruling the [[United States Department of Defense|Department of Defense]] set up the [[Office for the Administrative Review of Detained Enemy Combatants]].<ref name=UsaToday20071011/><ref name=Bbc2002-01-21>
===Allegations===
{{cite news
|url = http://news.bbc.co.uk/2/hi/americas/1773140.stm
|title = Q&A: What next for Guantanamo prisoners?
|work = [[BBC News]]
|date = 2002-01-21
|access-date = 2008-11-24
|archive-url = https://web.archive.org/web/20081123204530/http://news.bbc.co.uk/2/hi/americas/1773140.stm
|archive-date = 23 November 2008
|url-status = live
}}
</ref>


Scholars at the [[Brookings Institution]], led by [[Benjamin Wittes]], listed the captives still
The allegations against Al Madoonee were:<ref name=CsrtMusabOmarAliAlMudwaniAllegations>
held in Guantanamo in December 2008, according to whether their detention was justified by certain
[http://wid.ap.org/documents/detainees/musabalmudwani.pdf#24 documents (.pdf)] from Musab Omar Ali Al Mudwani's ''[[Combatant Status Review Tribunal]]'' pages 24-25</ref>
common allegations:<ref name=Brookings2008-12-16>
{{cite web
| url = https://www.brookings.edu/wp-content/uploads/2016/06/1216_detainees_wittes.pdf
| title = The Current Detainee Population of Guantánamo: An Empirical Study
| publisher = [[The Brookings Institution]]
| date = 2008-12-16
| author1 = Benjamin Wittes
| author-link = Benjamin Wittes
| author2 = Zaathira Wyne
| access-date = 2010-02-16
| archive-url = https://web.archive.org/web/20170519100934/https://www.brookings.edu/wp-content/uploads/2016/06/1216_detainees_wittes.pdf
| archive-date = 2017-05-19
| url-status = live
}}
</ref>


* Musab Omar Ali Al Mudwani was listed as one of the captives who ''"The military alleges ... are [[members of Al Qaeda]]."''<ref name=Brookings2008-12-16/>
{{Quotation|
* Musab Omar Ali Al Mudwani was listed as one of the captives who ''"The military alleges ... [[traveled to Afghanistan for jihad]]."''<ref name=Brookings2008-12-16/>
:a The detainee is an Al Qaeda fighter:
* Musab Omar Ali Al Mudwani was listed as one of the captives who ''"The military alleges that the following detainees stayed in [[Al Qaeda, Taliban or other guest- or safehouses]]."''<ref name=Brookings2008-12-16/>
:#In July 2001, Al Mudwani was recruited by two men, who identified themselves as former mujahid, to go to Afghanistan and train to fight.
* Musab Omar Ali Al Mudwani was listed as one of the captives who ''"The military alleges ... took military or terrorist [[training in Afghanistan]]."''<ref name=Brookings2008-12-16/>
:#The detainee stated that he stayed at the Daftar Al-Taliban guesthouse for four hours, prior to going to Kandahar, where he stayed at the Madafat Al-Nibras guesthouse where he was fed and given new clothes.
* Musab Omar Ali Al Mudwani was listed as one of the captives who ''"The military alleges that the following detainees were captured under [[circumstances that strongly suggest belligerency]]."''<ref name=Brookings2008-12-16/>
:#The detainee stated that after seven (7) days at the guesthouse in Kandahar, he traveled to the Al Farouq training camp, a known Taliban training camp.
* Musab Omar Ali Al Mudwani was listed as one of the captives who was an ''"[[al Qaeda operative]]"''.<ref name=Brookings2008-12-16/>
:#The detainee stated that he received training on the Kalahnikov rifle, pistol BEKA, RPG, and the Magnoona. The detainee stated the he only trained for twenty-five (25) days because the camp closed due to the U.S. bombing campaign.
* Musab Omar Ali Al Mudwani was listed as one of the captives who ''"deny affiliation with [[Al Qaeda]] or the [[Taliban]] yet admit facts that, under the broad authority the laws of war give armed parties to detain the enemy, offer the government ample legal justification for its detention decisions."''<ref name=Brookings2008-12-16/>
:#The detainee stated that he saw Usama Bin Laden (UBL) several times and at various training facilities during his time in Afghanistan and last saw Bin Laden in Khowst about a month before the fall of Kabul.
* Musab Omar Ali Al Mudwani was listed as one of the captives who had admitted ''"fighting on behalf of Al Qaeda or the Taliban."''<ref name=Brookings2008-12-16/>


===Habeas Corpus petition===
:b The detainee participated in military operations against the coalition.
:#The detainee stated that he left Al-Farouq on a military bus with twenty-five (25) other students from Al-Farouq and went to Kabul.
:#The detainee stated that he went to Kabul, and three days after his arrival Kabul fell.
:#After the fall of Kabul, the detainee went to Pakistan where he was captured by the Pakistani police, after a shootout, on September 11, 2002.
}}


Al Mudwani had a [[writ of habeas corpus]] filed on his behalf.<ref name=AndyWorthington2009-12-15/> Historian [[Andy Worthington]] reported that when his petition was finally considered in December 2009, it was turned down, even though he had been a ''"model prisoner"''.
==Administrative Review Board hearings==
[[File:ARB trailer.jpg|thumb|Hearing room where Guantanamo captive's annual Administrative Review Board hearings convened for captives whose Combatant Status Review Tribunal had already determined they were an "enemy combatant".<ref name=TheWire20060310>({{cite news | url=http://www.jtfgtmo.southcom.mil/wire/WirePDF/v6/TheWire-v6-i049-10MAR2006.pdf#1 | title=Review process unprecedented | publisher=[[The Wire (JTF-GTMO)]] | pages= 1 | author=Spc Timothy Book | date= March 10, 2006 | accessdate=2007-10-12 }}</ref>]]


==References==
Detainees who were determined to have been properly classified as "enemy combatants" were scheduled to have their dossier reviewed at annual [[Administrative Review Board]] hearings. The Administrative Review Boards weren't authorized to review whether a detainee qualified for POW status, and they weren't authorized to review whether a detainee should have been classified as an "enemy combatant".
{{Reflist|refs=
<!-- <ref name=Npr2017-01-17>
{{cite news
| url = http://www.npr.org/sections/thetwo-way/2017/01/16/510089954/10-guantanamo-prisoners-freed-in-oman-45-detainees-remain
| title = 10 Guantanamo Prisoners Freed In Oman; 45 Detainees Remain
| publisher = [[National Public Radio]]
| author = Greg Myre
| date = 2017-01-16
| page =
| location =
| access-date = 2017-01-17
| quote = The freed prisoners were not identified by name or nationality, though the Oman News Agency, citing the country's Foreign Ministry, reported that the 10 had arrived in the country on Monday for "temporary residence."
}}
</ref> -->


<!-- <ref name=MiamiHerald2017-01-17>
They were authorized to consider whether a detainee should continue to be detained by the United States because he continued to pose a threat, whether they could safely be repatriated to the custody of their home country, or whether they could be set free.
{{cite news
| url = http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article126793529.html
| title = U.S. sends 10 Guantánamo captives to Oman
| publisher = [[Miami Herald]]
| author = Carol Rosenberg
| author-link = Carol Rosenberg
| date = 2017-01-16
| archive-url = https://web.archive.org/web/20170117150202/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article126793529.html
| archive-date = 2017-01-17
| url-status = live
| quote = A Pentagon official who spoke on condition of anonymity confirmed that the transfer had taken place, downsizing the detainee population to 45. Neither Oman nor the official provided the identities of the 10 men who were sent there.
}}
</ref> -->


<!-- <ref name=MiamiHerald2017-01-17B>
===2005 Administrative Review Board hearing===
{{cite news
| url = http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html
| title = Victims of mistaken identity among the 10 sent from Guantánamo to Oman
| publisher = [[Miami Herald]]
| author = Carol Rosenberg
| author-link = Carol Rosenberg
| date = 2017-01-16
| archive-url = https://web.archive.org/web/20170118032232/http://www.miamiherald.com/news/nation-world/world/americas/guantanamo/article127055319.html
| archive-date = 2017-01-18
| url-status = live
| quote = A Pentagon statement did not explain why the Department of Defense chose to wait to identify the 10 men for more than a day after the Sultanate of Oman announced it had taken them in as “temporary” residents “in consideration to their humanitarian situation.”
}}
</ref> -->


<ref name=BostonGlobe2014-12-09>
A three page [[Summary of Evidence (ARB)|Summary of Evidence]] memo was prepared for
{{cite news
Musab Omar Ali Al Mudwani's first annual Administrative Review Board hearing
| url = https://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
on November 19, 2005.<ref name=Arb1SummaryMemoIsn839>
| title = List of the 119 prisoners detained in CIA's secret prisons program
{{cite news
| publisher = [[Boston Globe]]
| url = http://projects.nytimes.com/guantanamo/detainees/839-musab-omar-ali-al-madoonee/documents/1/pages/697#25
| author = Swati Shara
| title = Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudwani, Musab Omar Ali
| date = 2014-12-09
| publisher = [[United States Department of Defense|Department of Defense]]
| archive-url = https://web.archive.org/web/20141213013213/http://www.bostonglobe.com/news/nation/2014/12/09/list-prisoners-detained-cia-secret-prisons-program/svvGqaIinuCryOtTw67CFK/story.html
| author = [[OARDEC]]
| date = 2005-11-19
| archive-date = 2014-12-13
| accessdate = 2010-09-30
| access-date = 2014-12-11
| quote =
| url-status = dead
}}
}}
</ref>
</ref>
The memo listed 16
primary factors that favored continued detention
and 4
primary factors that favored transfer or release.


<!-- <ref name=AndyWorthington2010-10-13>
''The following primary factors favor continued detention''
{{cite news
{{Quotation|
| url = http://www.andyworthington.co.uk/2010/10/13/who-are-the-remaining-prisoners-in-guantanamo-part-seven-captured-in-pakistan-3-of-3/ Who Are the Remaining Prisoners in Guantánamo? Part Seven: Captured in Pakistan (3 of 3)] Andy Worthington, October 13, 2010
:a. Commitment
| title = Who Are the Remaining Prisoners in Guantánamo? Part Seven: Captured in Pakistan (3 of 3)
:#The detainee was recruited to go to Afghanistan in his hometown of Al-Hudaida.
| publisher =
:#The detainee said he wanted the opportunity to train in Afghanistan because it was his duty as a Muslim to be trained. He had no intentions of fighting in Afghanistan.
| author = Andy Worthington
:#The detainee left for Pakistan at the end of July 2001. He traveled to Karachi and stayed at the Dubai hotel and the Madafat Riyad guesthouse. The detainee then traveled to Quetta where he stayed at the Daftar al Taliban guesthouse. From there he went to Kandahar and stayed at the Madafat al Nibras.
| author-link = Andy Worthington
:#The detainee stayed at a school, where a senior al Qaida operative was working, in the vicinity of Bermal, Afghanistan when he was fleeing Afghanistan.
| date = 2010-10-13
:#From Kabul, Afghanistan, the detainee fled to Zurmat. He then crossed over the border and went to Lahore Pakistan.
| access-date = 2016-12-07
:#The detainee then left Lahore and went to Karachi, Pakistan, where he was hidden in several places. When things got dangerous in Karachi, he was told to go to Chabehar, Iran.
| quote =
:#While [the] detainee was attempting to travel to Yemen via Chabahar, Iran he and his travel companion were detained, questioned and released by Iranian polce at a roadside checkpoint located on the main road to Chabahar from Zahedan, Iran.
:#While at the Iranian checkpoint, the detainee claims he was beaten and questioned. The Iranian police officers attempted to speak to [the] detainee in several languages. The detainee claimed he did not speak throughout the encounter with the Iranian police because he had been given instructions at the start of his journey to not reveal that he was an Arab.
:#The detainee went back to Quetta, Pakistan with eight other Arabs and then went to Lahore. He stayed one month in Lahore, Pakistan.
:#The detainee stated he attended a religious speech to al Qaida operatives.
:#The detainee was identified as an al Qaida member.

:b. Training
:#The detainee then traveled to the al Farouq training camp. He stayed at a reception tent that was located about 50 meters from the actual camp for five days before starting training with his group. He received training on the Kalashnikov, pistol, Beka, RPG and the Magnoona. The detainee only trained for 25 days because the camp was closed due to United States bombing.
:#All the trainees in the al Farouq camp were told to go home because it was not safe there due to the September 11, 2001 attacks in the United States. On approximately 13 September 2001, trainees were transported to the al Nibras guesthouse in Kandahar, Afghanistan.
:#An identified al Qaida member claimed the detainee took part in explosives training.

:c. Connections/Associations
:#the detainee said he saw Usama Bin Laden at several lectures.

:d. Other relevant data
:#''The detainee was arrested at the apartments in Karachi's defense II commercial area where a two and one half hour firefight between Arabs and Pakistani security forces ensued. Two handguns and three Russian style grenades were. recovered from the scene. A Kalashnikov rifle and a submachine gun used by the Arabs were also seized by police officials.
:#The detainee stated the weapons were kept in a small suitcase in a common room. Also in the room were some computer equipment and other things kept behind a curtain.
:#A computer was recovered in the safe houses where the detainee was arrested. The computer contained information on flight navigation maps and flight simulators.
:#The computer recovered during the detainee's arrest contained a manual that discussed kidnapping, hijacking, smuggling various things into countries of states and al Qaida documents about artillery and different types of mortars.
}}
}}
</ref> -->


<ref name=DoDList2>
''The following primary factors favor release or transfer''
{{cite web
{{Quotation|
| url=http://www.dod.mil/news/May2006/d20060515%20List.pdf
:a. According to the detainee he never used the computer and did not know what was on it.
| title=List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006

| author=OARDEC
:b. The detainee stated he had no information regarding imminent terrorist attacks worldwide.
| author-link=OARDEC

| publisher=[[United States Department of Defense]]
:c. The detainee emphatically denied he trained on explosives. He insisted that whoever claimed that he had explosives training is either lying or mistook his identity.
| archive-url= https://web.archive.org/web/20070930184034/http://www.dod.mil/news/May2006/d20060515%20List.pdf

| archive-date= 2007-09-30
:d. The detainee expressed some anger about Sheiks who issue fatwas, then recant. The detainee said that clerics make you believe you will burn in hell if you do not participate in fatwas or jihad.
| url-status= live
| access-date=2006-05-15
}}
}}
{{wikisource-inline|List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006}}
</ref>


<ref name=Cns2016-06-30>
===Transcript===

Al Madoonee chose to participate in his Administrative Review Board hearing.<ref name=ArbMusabOmarAliAlMudwani>
{{cite news
{{cite news
| url = http://www.dod.mil/pubs/foi/detainees/csrt_arb/ARB_Transcript_Set_9_21017-21351.pdf#30
|url = http://www.courthousenews.com/2016/06/30/big-brother-figure-makes-case-for-gitmo-release.htm
| title = Summary of Administrative Review Board Proceedings for ISN 839
|title = Big-Brother Figure Makes Case for Gitmo Release
|author = Britain Eakin
| publisher = [[United States Department of Defense|Department of Defense]]
| author = [[OARDEC]]
|publisher = [[Courthouse News Service]]
| date = 2005-12-08
|date = 2016-06-30
|access-date = 2016-07-06
| accessdate = 2010-09-30
|archive-url = https://web.archive.org/web/20160702152330/http://www.courthousenews.com/2016/06/30/big-brother-figure-makes-case-for-gitmo-release.htm
| quote =
|archive-date = 2016-07-02
|url-status = dead
|quote = Though the United States initially suspected that the six were involved with an al-Qaida cell plotting a future attack, the case has failed to get off the ground for 14 years for lack of evidence. As documented in the detainee's unclassified profile, U.S. has tempered its claims about the Karachi 6 in recent years, describing them now as low-level al-Qaida fighters.
}}
}}
</ref>
</ref>
The Department of Defense published a 13 summarized transcript from the hearing in September2007.

===Enemy Combatant Election Form===

Musab Omar Ali Al Madoonee's [[Assisting Military Officer (ARB)|Assisting Military Officer]] read from his notes on the [[Enemy Combatant Election Form]] from pre-hearing interviews on December 12, 2005, and December 13, 2005.<ref name=ArbMusabOmarAliAlMudwani/>
The Department of Defense published a 13 summarized transcript from the hearing in September2007.

The interviews lasted 138 minutes and 30 minutes.<ref name=ArbMusabOmarAliAlMudwani/>
Musab Omar Ali Al Mudwani's copy of the [[Summary of Evidence (ARB)|Summary of Evidence memo]] was translated into Arabic.

His Assisting Military Officer described Musab Omar Ali Al Madoonee as ''"...cooperative and calm throughout both interviews.".<ref name=ArbMusabOmarAliAlMudwani/>

===2006 Administrative Review Board hearing===


<ref name=MiamiHeraldIndefiniteListA>
A four page [[Summary of Evidence (ARB)|Summary of Evidence]] memo was prepared for
Musab Omar Ali Al Mudwani's second annual Administrative Review Board hearing
on November 9, 2006.<ref name=Arb2SummaryMemoIsn839>
{{cite news
{{cite news
| url = http://projects.nytimes.com/guantanamo/detainees/839-musab-omar-ali-al-madoonee/documents/3/pages/840#44
| url = http://www.miamiherald.com/news/nation-world/world/americas/article1952557.html
| title = FOAI suit reveals Guantanamo's 'indefinite detainees'
| title = Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudwani, Musab Omar Ali
| author = Carol Rosenberg
| publisher = [[United States Department of Defense|Department of Defense]]
| author = [[OARDEC]]
| author-link = Carol Rosenberg
| publisher = [[Miami Herald]]
| date = 2006-11-09
| accessdate = 2010-09-30
| date = 2013-06-17
| archive-url = https://web.archive.org/web/20141121112441/http://www.miamiherald.com/news/nation-world/world/americas/article1952557.html
| quote =
| archive-date = 2014-11-21
| url-status = live
| access-date = 2016-08-18
| quote = The Miami Herald's Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.
}}
}}
</ref>
</ref>
The memo listed 23
primary factors that favored continued detention
and 7
primary factors that favored transfer or release.


<ref name=MiamiHeraldIndefiniteList>
===2007 Administrative Review Board hearing===

A three page [[Summary of Evidence (ARB)|Summary of Evidence]] memo was prepared for
Musab Omar Ali Al Mudwani's third annual Administrative Review Board hearing
on December 19, 2007.<ref name=Arb3SummaryMemoIsn839>
{{cite news
{{cite news
| url = http://projects.nytimes.com/guantanamo/detainees/839-musab-omar-ali-al-madoonee/documents/9/pages/678#48
| url = http://www.miamiherald.com/latest-news/article1952554.html
| title = List of 'indefinite detainees'
| title = Unclassified Summary of Evidence for Administrative Review Board in the case of Al Mudwani, Musab Omar Ali
| author = Carol Rosenberg
| publisher = [[United States Department of Defense|Department of Defense]]
| author = [[OARDEC]]
| author-link = Carol Rosenberg
| publisher = [[Miami Herald]]
| date = 2007-12-19
| accessdate = 2010-09-30
| date = 2013-06-17
| archive-url = https://web.archive.org/web/20160411101449/http://www.miamiherald.com/latest-news/article1952554.html
| quote =
| archive-date = 2016-04-11
| url-status = live
| access-date = 2016-08-18
}}
}}
</ref>
</ref>
The memo listed 13
primary factors that favored continued detention
and 6
primary factors that favored transfer or release.


<ref name=AndyWorthington2009-12-15>
==References==
{{cite news
{{reflist|2}}
| url = http://www.andyworthington.co.uk/2009/12/15/model-prisoner-at-guantanamo-tortured-in-the-dark-prison-loses-habeas-corpus-petition/

| title = "Model Prisoner" at Guantánamo, Tortured in the "Dark Prison," Loses Habeas Corpus Petition
==External links==
| publisher =
*[http://www.andyworthington.co.uk/2009/12/15/model-prisoner-at-guantanamo-tortured-in-the-dark-prison-loses-habeas-corpus-petition/ “Model Prisoner” at Guantánamo, Tortured in the “Dark Prison,” Loses Habeas Corpus Petition] [[Andy Worthington]] 15.12.09
| author = Andy Worthington
| author-link = Andy Worthington
| date = 2009-12-15
| access-date = 2016-12-07
| quote =
}}
</ref>
}}


{{CIAPrisons||state=collapsed}}
{{CIAPrisons||state=collapsed}}
{{WoTPrisoners}}
{{WoTPrisoners}}


{{DEFAULTSORT:Mudwani, Musab Omar Ali}}
{{Persondata <!-- Metadata: see [[Wikipedia:Persondata]]. -->
| NAME =
| ALTERNATIVE NAMES =
| SHORT DESCRIPTION =
| DATE OF BIRTH =
| PLACE OF BIRTH =[[Al-Hudida, Yemen|Al-Hudida]], Yemen
| DATE OF DEATH =
| PLACE OF DEATH =
}}
[[Category:Yemeni extrajudicial prisoners of the United States]]
[[Category:Yemeni extrajudicial prisoners of the United States]]
[[Category:People held at the Guantanamo Bay detention camp]]
[[Category:Detainees of the Guantanamo Bay detention camp]]
[[Category:Living people]]
[[Category:Living people]]
[[Category:1980 births]]

Latest revision as of 21:26, 10 March 2023

Musab Omar Ali Al Mudwani
Born1980 (age 43–44)[1]
Al-Hudaydah, Yemen
Arrested2002-09-11
Karachi
Pakistani security officials, CIA
Detained at Dark prison, Guantanamo
Other name(s) Musab Omar Ali al Mudwani
Musab Omarali al Mudwani
ISN839
StatusTransferred to Oman on January 16, 2017

Musab Omar Ali Al Mudwani is a citizen of Yemen who was held in extrajudicial detention in the United States Guantanamo Bay detainment camps, in Cuba.[2]

Joint Task Force Guantanamo analysts estimate Al Madoonee was born in 1980, Al-Hudaydah, Yemen.

The United States Senate Intelligence Committee report on CIA torture listed Al Mudwani as one of the individual held in the CIA's secret network of black sites.[3] Musab Al Mudwani was apprehended by a combined force of Pakistani security officials and a CIA black site team, on September 11, 2002, the anniversary of al Qaeda's attack within the USA. He and five other individuals spent slightly more than a month in CIA custody at the salt pit, prior to being transferred to Guantanamo. Guantanamo analysts maintained the narrative that these six were an al Qaeda sleeper cell they called the "Karachi Six".[4][5][6] However, that claim had been dropped by his 2016 Periodic Review Board hearing. Mudwani was transferred to Oman on January 16, 2017.[7]

Official status reviews

[edit]

Originally, the Bush Presidency asserted that captives apprehended in the "war on terror" were not covered by the Geneva Conventions, and could be held indefinitely, without charge, and without an open and transparent review of the justifications for their detention.[8] In 2004, the United States Supreme Court ruled, in Rasul v. Bush, that Guantanamo captives were entitled to being informed of the allegations justifying their detention, and were entitled to try to refute them.

Office for the Administrative Review of Detained Enemy Combatants

[edit]
Combatant Status Review Tribunals were held in a 3x5 meter trailer where the captive sat with his hands and feet shackled to a bolt in the floor.[9][10]

Following the Supreme Court's ruling the Department of Defense set up the Office for the Administrative Review of Detained Enemy Combatants.[8][11]

Scholars at the Brookings Institution, led by Benjamin Wittes, listed the captives still held in Guantanamo in December 2008, according to whether their detention was justified by certain common allegations:[12]

  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges ... are members of Al Qaeda."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges ... traveled to Afghanistan for jihad."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges that the following detainees stayed in Al Qaeda, Taliban or other guest- or safehouses."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges ... took military or terrorist training in Afghanistan."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "The military alleges that the following detainees were captured under circumstances that strongly suggest belligerency."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who was an "al Qaeda operative".[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who "deny affiliation with Al Qaeda or the Taliban yet admit facts that, under the broad authority the laws of war give armed parties to detain the enemy, offer the government ample legal justification for its detention decisions."[12]
  • Musab Omar Ali Al Mudwani was listed as one of the captives who had admitted "fighting on behalf of Al Qaeda or the Taliban."[12]

Habeas Corpus petition

[edit]

Al Mudwani had a writ of habeas corpus filed on his behalf.[13] Historian Andy Worthington reported that when his petition was finally considered in December 2009, it was turned down, even though he had been a "model prisoner".

References

[edit]
  1. ^ https://www.prs.mil/Portals/60/Documents/ISN839/20160310_U_ISN_839_GOVERNMENTS_UNCLASSIFIED_SUMMARY_PUBLIC.pdf [bare URL PDF]
  2. ^ OARDEC. "List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006" (PDF). United States Department of Defense. Archived (PDF) from the original on 2007-09-30. Retrieved 2006-05-15. Works related to List of Individuals Detained by the Department of Defense at Guantanamo Bay, Cuba from January 2002 through May 15, 2006 at Wikisource
  3. ^ Swati Shara (2014-12-09). "List of the 119 prisoners detained in CIA's secret prisons program". Boston Globe. Archived from the original on 2014-12-13. Retrieved 2014-12-11.
  4. ^ Britain Eakin (2016-06-30). "Big-Brother Figure Makes Case for Gitmo Release". Courthouse News Service. Archived from the original on 2016-07-02. Retrieved 2016-07-06. Though the United States initially suspected that the six were involved with an al-Qaida cell plotting a future attack, the case has failed to get off the ground for 14 years for lack of evidence. As documented in the detainee's unclassified profile, U.S. has tempered its claims about the Karachi 6 in recent years, describing them now as low-level al-Qaida fighters.
  5. ^ Carol Rosenberg (2013-06-17). "List of 'indefinite detainees'". Miami Herald. Archived from the original on 2016-04-11. Retrieved 2016-08-18.
  6. ^ Carol Rosenberg (2013-06-17). "FOAI suit reveals Guantanamo's 'indefinite detainees'". Miami Herald. Archived from the original on 2014-11-21. Retrieved 2016-08-18. The Miami Herald's Carol Rosenberg, with the assistance of the Media Freedom and Information Access Clinic at the Yale Law School, filed suit in federal court in Washington D.C., in March for the list under the Freedom of Information Act. The students, in collaboration with Washington attorney Jay Brown, represented Rosenberg in a lawsuit that specifically sought the names of the 46 surviving prisoners.
  7. ^ "Victims of mistaken identity among the 10 sent from Guantánamo to Oman | Miami Herald". Miami Herald. Archived from the original on 2017-01-18.
  8. ^ a b "U.S. military reviews 'enemy combatant' use". USA Today. 2007-10-11. Archived from the original on 2007-10-23. Critics called it an overdue acknowledgment that the so-called Combatant Status Review Tribunals are unfairly geared toward labeling detainees the enemy, even when they pose little danger. Simply redoing the tribunals won't fix the problem, they said, because the system still allows coerced evidence and denies detainees legal representation.
  9. ^ Guantánamo Prisoners Getting Their Day, but Hardly in Court, New York Times, November 11, 2004 - mirror Archived 2007-09-30 at the Wayback Machine
  10. ^ Inside the Guantánamo Bay hearings: Barbarian "Justice" dispensed by KGB-style "military tribunals", Financial Times, December 11, 2004
  11. ^ "Q&A: What next for Guantanamo prisoners?". BBC News. 2002-01-21. Archived from the original on 23 November 2008. Retrieved 2008-11-24.
  12. ^ a b c d e f g h i Benjamin Wittes; Zaathira Wyne (2008-12-16). "The Current Detainee Population of Guantánamo: An Empirical Study" (PDF). The Brookings Institution. Archived (PDF) from the original on 2017-05-19. Retrieved 2010-02-16.
  13. ^ Andy Worthington (2009-12-15). ""Model Prisoner" at Guantánamo, Tortured in the "Dark Prison," Loses Habeas Corpus Petition". Retrieved 2016-12-07.
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